Ceremonial Sitting of the Full Court of the Federal Court of Australia to welcome the Honourable Chief Justice Mortimer
On 17 April 2023, Law Council President, Mr Luke Murphy, attended a ceremonial sitting at the Federal Court of Australia in Melbourne for the swearing-in of the Honourable Justice Debra Mortimer. Mr Murphy presented an oral statement before the Court.
Read speech here.
Government response to the Privacy Act Review Report
The Law Council recently made a submission to the Attorney-General’s Department in response to its consultation on the Privacy Act Review Report.
This submission was informed by significant input from the Business Law Section’s Privacy Law and Media and Communications Committees, in addition to several Constituent Bodies. The Law Council is grateful for each contribution, given the complex task of addressing 116 proposals and accompanying consultation questions in a short consultation timeframe.
The Law Council’s submission indicates that it is supportive, at least in principle, of many of the proposals in the Report. However, it calls for and recommends that additional details be provided to give the proposals more certainty. In this respect, the Law Council’s approach was driven by the following considerations, in which it continues to support:
- a principles-based, technology-neutral and flexible approach to regulation of privacy and information related rights;
- interoperability and harmonisation where possible, including harmonisation with State-based regimes and international norms and standards; and
- certainty of legal requirements ensuring that standards set are clear, and the scope and content of obligations imposed on Australian Privacy Principle entities can be complied with in practice.
The Law Council will review the Government Response once released and will monitor any developments arising from this process, noting that continued broad consultation and transparency from Government in relation to the progress of the reforms will be critical.
Migration Manager John Gibson AM for the Young Australian Migration Lawyer of the Year Award Recipient
In March, Mr Ko Ko Aung was awarded the Migration Manager John Gibson AM for the Young Australian Migration Lawyer of the Year Award Award.
The Federal Dispute Resolution Section had the opportunity to interview Mr Aung to ask what it means to him to win this award. Read interview here.
Mr Ko Ko Aung
Ko Ko is a solicitor at Ajuria Lawyers who specialises exclusively in immigration law and runs the firm's pro-bono and 'giving back' practice. Although his core work focuses on corporate migration, he run’s the firm’s program of working with organisations such as Talent Beyond Boundaries, facilitating migration pathways, relationships, and communication between displaced individuals and Australian employers. This initiative benefits the Australian community, employers, and asylum seekers, while also addressing the skills shortage that the Australian marketplace is experiencing.
The Young Federal Litigation Lawyer of the Year Award Recipient
In February, Mr Rob Andersen was awarded the 2023 Young Federal Litigator Lawyer of the Year Award.
The Federal Dispute Resolution Section had the opportunity to interview Mr Andersen to ask him what is means for him to win this award. Read interview here.
Mr Rob Andersen
Mr Rob Andersen is a senior associate in the dispute resolution practice at Ashurst in Canberra. Rob works with government and private clients in civil, public law and regulatory matters, as well as inquiries and Royal Commissions. Rob is experienced with common law and statutory liability issues. He acts for and against regulators in civil penalty proceedings and investigations, and has experience in industrial, disability and financial services regulatory matters in particular.
He has achieved successful outcomes for clients defending negligence and intentional tort claims. He has helped clients to recover losses in contract and equity, including in a significant employee fraud matter. He has successfully defended general protections claims made under the Fair Work Act 2009 (Cth).
2023 and beyond: A discussion with the Australian Information Commissioner and Privacy Commissioner
Australian Information Commissioner and Privacy Commissioner, Ms Angelene Falk, joined the Chair of the Business Law Section's Privacy Committee, Ms Olga Ganopolsky, at the 2023 Privacy Law Seminar in Sydney on 4 April 2023. The discussion was both topical and timely, following the 116 proposed changes articulated in the Attorney-General Department’s Privacy Act Review Report, published in February 2023.
The Section gives thanks to the Commissioner for taking the time to outline the key legal and regulatory issues in this fast-changing area of law. Special thanks also to Macquarie Group for proudly hosting the event.
A recording of the seminar is now available to view on our website.
Episode Thirteen: Insolvency – Over the Horizon
The thirteenth episode of the BLS Report Podcast explores the broader context of the PJC’s current review of aspects of Australia’s insolvency regimes, and the possibilities for change.
BLS Executive members, Professor Pamela Hanrahan and, Mr John Keeves, are joined by two guests whom are perfectly positioned to provide insight into this topic, Chair of the BLS’ Insolvency & Restructuring committee, Mr Chris Pearce, and committee member, Dr Jason Harris, Professor of Corporate Law at the University of Sydney.
Listen here.
LCA Submissions
Recently published Law Council Submissions.
- Sexual consent laws in Australia, Legal and Constitutional Affairs References Committee.
- Government response to the Privacy Act Review Report, Attorney-General's Department.
- Review of sunsetting instruments under the Native Title Act 1993, Attorney-General's Department.
Section Submissions
Recently published Section Submissions.
- Nature repair market - exposure draft of legislation, Department of Climate Change, Energy, the Environment and Water, (Legal Practice Section).
- Legislating the objective of superannuation, The Treasury, (Legal Practice Section).
- Non-arm’s length expense rules for superannuation funds, The Treasury, (Legal Practice Section).
- CP 368 Remaking ASIC class orders: [CO 13/519] and [CO 13/656], ASIC, (Business Law Section).
- Multinational Tax Integrity—strengthening Australia’s interest limitation (thin capitalisation) rules, ALRC, (Business Law Section).
- Background paper – unconscionable and misleading or deceptive conduct in financial services law, ALRC, (Business Law Section).
- Supplementary Submission: Treasury Laws Amendment (Measures for consultation) Bill 2022: ALRC Financial Services Interim Report Tranche 2, The Treasury, (Business Law Section).
- Treasury Laws Amendment (2023 Measures No. 1) Bill 2023, Senate Standing Committees on Economics, (Business Law Section).
Inquiries and consultations
As of 21 April 2023
- Competition in the provision of clearing and settlement services, The Treasury.
CP 368 Remaking ASIC class orders: [CO 13/519] and [CO 13/656], ASIC.
Consultation Paper: Review into an appropriate cost model for Commonwealths anti-discrimination laws, Attorney-General's Department.
2023-2030 Australian Cyber Security Strategy Discussion Pape, Department of Home Affairs.
Inquiry into the Aboriginal and Torres Strait Islander Voice Referendum, Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum.
Consultation paper on conditional costs agreements, Legal Services Council.
CP 369 Remaking ASIC class orders on platforms: [CO 13/762] and [CO 13/763], ASIC.
Review into philanthropic giving, Productivity Commission.
Review of Secrecy Provisions, Attorney-General's Department.
Plant breeder’s rights reform, IP Australia.
Scoping the development of specialised and trauma-informed legal services for victims and survivors of sexual assault, Attorney-General's Department.
[202309] Tax treatment of crypto assets, Australian Taxation Office.
Inquiry into promoting economic dynamism, competition and business formation, Standing Committee on Economics.
A new system of federal administrative review, Attorney-General's Department.
The operation of Commonwealth Freedom of Information (FOI) laws, Senate Legal and Constitutional Affairs Committee.
Inquiry into Australia's Human Rights Framework, Parliamentary Joint Committee on Human Rights.
News and Media
Key media articles:
- Albanese defends voice over High Court concerns, Canberra Times, 19 April 2023.
- AAT overhaul ‘Mccarthyist purge’ say dumped Liberal-aligned members, News Leaflets, 14 April 2023.
NSW Bar swings support behind wording of Voice, Australian Financial Review, 14 April 2023.
Continuing Detention Order (CDO) regime under fire: Law Council pushes for reform, Mondaq, 13 April 2023.
Steven Jones sits as FCFCOA and FCWA newest judge, Australasian Lawyer, 10 April 2023.
Upcoming Events
The Law Council of Australia, along with the Australian Pro Bono Centre and the Queensland Law Society invite you to attend the 8th National Access to Justice & Pro Bono Conference. The conference will be held on 21–23 June 2023 in Brisbane.
A two-day program will explore the various challenges and opportunities associated with enhancing access to legal services and pro bono work, with plenaries and four session tracks to choose from, including a focus on pro bono matters, family and relationship law. Hear from leading speakers on critical and current access to justice issues facing Australians.
For more information about ticket prices visit the event website here.
The Business Law Section invites you to attend a lecture held by Professor Ross Garnaut. Registrations are essential.
The lecture is complimentary. Registrations are now open and close 5pm, 28 April 2023. Learn more and register here.
The International Law Section (ILS) is pleased to invites you to attend ILS Young Lawyers Summit to be held on 18 May 2023 in Sydney.
The half-day Summit is for young Australian lawyers interested in international law issues and careers in international law and practice. The speakers will feature eminent speakers including H.E. Mr Vasyl Myroshnychenko and Professor Donald Rothwell.
Registrations are now open and close Thursday, 11 May 2023, unless sold out prior. Learn more and register here.
The Legal Practice Section's Australian Consumer Law Committee, will be hosting another exciting ‘Consumer Rights Forum’ in Brisbane and by webinar. This year's topic is "Natural Disaster Insurance: The Real Cost".
Limited number of tickets available with complimentary entry, registrations close Tuesday, 11 July 2023, unless sold out prior. Learn more and register here.
The Immigration Law Committee from the Federal Dispute Resolution Section of the Law Council of Australia is pleased to announce it will be hosting a seminar event for lawyers in the Gold Coast.
The seminar will include a noteworthy panel of speakers with exceptional knowledge and experience.
Registration will open shortly, keep an eye on the event page here.
LAWASIA and the Sabah Law Society are very pleased to invite the participation of members and legal professionals at the 12th LAWASIA Employment Law Conference, to be held in Kota Kinabalu (Sabah), Malaysia, from 8 to 10 June 2023.
Registrations are now open! Learn more and register here.
